Police reports and family proceedings

A police investigation and family proceedings answer different questions. A report may be relevant to the family court's assessment without determining what child arrangements or protective measures it should make. Practice Direction 12J addresses domestic abuse in child arrangements proceedings in England and Wales. ^[1]

Identify the status of each police event

Record the incident reference, reporting date and force involved. Separate an allegation, arrest, charge, bail condition and conviction. If police took no further action, state that accurately without assuming it proves either that abuse occurred or that it did not.

Give the adviser the actual wording of available conditions and their expiry or review dates. A recollection that someone 'cannot come near me' may omit an exception or geographical limit.

Coordinate disclosure and family directions

Ask how police material can properly be obtained and put before the court. A request for records may need a formal process; do not promise that an entire investigation file is available on demand. Flag any forthcoming criminal hearing that could affect the family timetable.

If an incident occurs after a statement has been filed, discuss how to update the evidence rather than altering the submitted version. Chronology records help maintain the sequence. Where orders and child contact appear inconsistent, seek urgent advice under parallel protection and child arrangements.

Record the process stage without overstating its meaning A police reference confirms that an incident or contact can be identified; it does not by itself establish what happened or what decision will follow. Record whether an investigation is ongoing, whether someone has been arrested or charged, and what information you have received about the outcome. Use the organisation's wording where available and distinguish a confirmed update from something reported informally by another person. An accurate procedural record helps the family adviser understand what can properly be said to the court.

If no further action is taken, retain the communication and any explanation provided. Do not turn that outcome into a statement that a family court has rejected the allegation, or assume it proves the allegation true. Criminal and family processes address their own questions through their applicable standards and procedures. Practice Direction 12J requires domestic abuse issues to be considered within relevant child-arrangements proceedings; a conviction is not the only possible source of information about a child's welfare or risk. ^[1]

Keep the exact conditions and their dates available Police bail conditions or criminal court restrictions may affect communication, attendance at an address or arrangements involving children. Obtain the actual wording where it is available to you and note the date, duration and any later change. A statement that contact is forbidden may omit an exception or fail to identify which kind of contact is covered. Give the family adviser the document rather than asking them to work from an abbreviated recollection of a telephone call.

When a condition changes, explain when you were told and what evidence confirms the change. Do not assume the family court or a support organisation receives automatic updates from police systems. Equally, a family arrangement agreed previously should not be treated as authority to disregard a current criminal restriction. If practical instructions appear inconsistent, ask for advice about the relevant processes before a scheduled event. The newest document does not necessarily replace every obligation imposed through another set of proceedings.

Identify the police material relevant to the family issue Explain what record may exist and the point it could address: an incident log, an account of a call, a photograph, a statement or a record of conditions. Provide the force and reference to help identify it. Ask how an appropriate request or court direction should be made. Access, disclosure and use of police material can require formal consideration; do not promise that a complete investigation file can be obtained immediately or circulated without restriction.

If you already hold documents, tell the adviser how they were received and whether any handling restriction was stated. Avoid selecting a page that gives a misleading impression when read without the remainder. Flag addresses, details of children or information about other people that may need careful treatment. The question is what the family court needs for the issue before it, not whether every piece of police correspondence can be placed into a bundle simply because it relates to the same relationship.

Coordinate developments without merging the cases Tell the family adviser about a forthcoming criminal hearing, an expected charging decision or a request to provide further police information where it may affect the family timetable or evidence. Confirm who will consider any necessary update to the family court. A new incident after a statement has been filed may require a further document or direction; it should not be addressed by silently replacing the version already submitted. Keep the sequence and procedural status traceable.

Where immediate danger or a suspected breach arises, use the appropriate police response and then update the legal adviser through the agreed route. Explain the conduct and the relevant term without delaying to decide its legal classification. Maintain separate records of police action and family directions so that progress in one is not mistaken for completion of the other. Coordinated information can support safer and more informed decisions while preserving the different responsibilities of the police, criminal court and family court.